Terms of Service

By using the DesignMind site you confirm that you have read and accept the following terms of use.

1) Definitions
a) Terms of use; means the content of this document.
b) Site; means www.designmind.co.za (and new.designmind.co.za) and Site Content and Services.
c) Content; means, including but not limited to, Users, text, messages, comments, data, information, software, images, graphics, and links to content, campaigns and competitions posted to or linked to the Site.
d) Services; means, but not limited to, tools to post Content, functions to feature Content and advertising and functions to find, connect with, message and engage Users.
e) User; means any natural person accessing the Site for any purpose, whether signed up/in or not, for private or commercial purposes or on behalf of an organisation, any entity, group, institution or juristic person.
f) Content provider; means anyone, whether private or representing any body of any kind that posts any text, image or sound as, including but not limited to the likes of, profiles, articles, information, responses or comments to articles, profiles or information messages or links thereto, or the like.
g) Site Owner; means the owners of DesignMind and Site Owner employees and Site and Site Owner service providers.

2) Purpose
a) The Site Owner hosts the Site to enable South African consumers to:
i) View a stream of home building, improvement and decorating Content provided by suppliers of homebuilding products and services.
ii) Select to follow preferred products and service providers.
iii) Source and engage suppliers of home building, decorating and home lifestyle products and services.
iv) Add and review rankings and recommendations provided by other Users.

3) Terms of use:
a) The User uses the site on condition that the User is 18 or older.
b) The User agrees to use the Site for the Purpose described in these Terms of Use and to post Content and engage with other Users substantively in keeping with the Site’s purpose unless permission is otherwise explicitly granted to the User by an authorised representative of the Site Owner per agreement in writing.
c) The Site is made available to the User “as is”. Accordingly;
i) The User agrees not to hold the Site owner responsible or liable for any aspect of the use of the Site or Service in any form or for any reason whatsoever.
ii) The User indemnifies the Site Owner against any and all claims or responsibilities of any kind including any form of claim for any damages related to use of the Site or Service including and without limiting the generality hereof, the loss of privacy, revenue, goodwill, reputation or Content arising from the use or inability to use the Site or Services for any reason whatsoever. In any event, the Site Owners Liability to all Users is limited to a total maximum of R100 only. (One hundred rand only.)
iii) The Site and Site Owner do not endorse any User or Content provider and expressly disclaim any warranty for accuracy or reliability of any information hosted on the Site or representations made by any Content provider related to any claim including but not limited to claims of fitness for purpose, quality or performance or compliance with any standards claim to any title, or intellectual property rights or the like,
iv) The User makes use of the Site knowing the generally accepted risks associated with the internet, cloud and public social media platforms and mediums that the Site uses. Accordingly, the User agrees to use the Site and Services entirely at own risk, recognising that the Site Owner provides only a platform for Users to generate content including information and opinions belonging to the Users, for which the Site Owner is neither responsible or liable for. The User also agrees to take own precautions related to the risks associated with social and cloud media and content published or consumed on the Site.
v) The Site Owner expressly disclaims any warranty for the presence of adware, viruses, spyware, and/or worms, hacks and the like.
a) The User is entirely responsible for attending to responses, messages, enquiries and comments related to User content in a prompt manner. The Site Owner accepts no responsibility for responding to or attending to communications or issues related to the User or User content on the Users on any other parties behalf.
b) The Site Owner will not be obliged by the User or any party to act to resolve any matter related to the Site, Content or Services.
c) The Site Owner is authorised by the User to choose to act to resolve any matter as the Site Owner sees fit, entirely at the Site Owners sole discretion.
d) The User is solely responsible for all activities that occur under the Users password. The User agrees to diligently guard the confidentiality of passwords and to immediately notify the Site administrator regarding any unauthorised use of the Users password or any other breach of security related to the Site, Services or Content. The Site Owner reserves the right to require the User to change the Users password if the Site Owners determines that the Users password is not secure.
e) The User is solely responsible for accessing the Site on own terms and using own devices and resources and accordingly is solely liable for costs associated with accessing the site including but not limited to; costs associated with data, resources, equipment, services and the like.
f) The Site Owner may elect to update, change, modify, improve, adapt, interrupt, suspend or terminate the Site, Content or Service entirely at the Site owners discretion without notice.
g) The Site Owner is entitled, but not obliged, to delete any content that does not comply with these Terms Of Use.
h) The Site owner is entitled to affect any changes to the Site, Content or Service where it is obliged to comply with any order of court or change to legislation or rules without notice.
i) The Site Owner has the right and full discretion to suspend any User in breach of the terms of Site use without notice.

2) Site Users explicitly agree not to do any of the following:
i) Use the Site to solicit information about Site Users for the purposes of distributing unsolicited spam or to promote persons, products or services without explicit consent to do so, or use it for any other purpose in conflict with the intentions of the Site or the Users who join it.
ii) Create a fictional, false or fraudulent account or profile with an intention to mislead Users or the Site Owners or any other Party, or falsify information or win any competition or earn any right or benefit to which the User would not be otherwise entitled, nor post content or comments under an account or name that does not belong to the User.
iii) Publish any content to the Site that breaches the intellectual property or copyright of another User nor publish any content to the Site that is false, unlawful, defamatory, misleading, hateful, profane, racist or morally, politically or religiously offensive to the general User community and society at large.
iv) Use the Site in a manner that violates any laws, regulations, rules, treaties or orders.
v) Use the Site to stalk, harass, harm or defame Users or the Site Owner or any other individuals, groups, entities, organisations, juristic persons, publics and the like.
vi) Impersonate any person or entity or misrepresent an affiliation or relationship with any User or party to which the User is not entitled.
vii) Do anything to harm the reputation or brand of the Site or Site Owners.
viii) Access (or attempt to access) the Site through any automated means including but not limited to use of scripts or web crawlers.
ix) Link Content posted to the Site to Content elsewhere that is substantively unrelated to the Site purpose.
x) Act to or interfere with or disrupt the Site, it’s servers, networks or Site security or functionality.
xi) Use any data mining, robots, or similar data gathering or extraction methods in connection with the Site.
xii) Reproduce, duplicate, imitate, copy, sell, trade or resell (or attempt to do so) the Site or any part of the Site, Content or Service or any part thereof for any purpose to any party, without an explicit Site Owner or User agreement to do so.
xiii) Attempt to gain unauthorised access to any portion of the Site or any account, profile or computer systems or networks, whether through hacking, password mining, or any other means.

3) Content.
a) In addition to the Terms of Use hereinbefore, Content Providers additionally agree to the following Terms of Use.

i) The Content Provider is entirely responsible and liable for own Content and costs associated with publishing, managing and maintaining the currency of own content or remedies related to it. The Content Provider and/or User accordingly agrees to promptly attend to the resolution of any matter or conflicts related to own content, at own cost and effort, and indemnifies the Site Owner from any responsibility or liability related to the Users content and responsibility or liability to attend to matters or disputes related to the Users Content.
ii) Should the Site Owner incur costs to remedy any matter related to Content, the Site owner will be entitled to recover costs from the Content Provider.
iii) Should the User opt to repost, link or make use of any Site or User Content, the Content Provider will do so lawfully within the confines of the provision of intellectual property and copyright held by any User or any other party and will include appropriate credit and references to the owner/author of the original Content.
iv) The Content Provider will promptly remove any content that infringes copyright or intellectual property rights on request.
v) The Content Provider is entirely responsible for ensuring that Content posted to the Site is backed up and/or duplicated off Site. The Site Owner accepts no liability or responsibility for loss of Content for any reason whatsoever.
vi) The Content Provider grants the Site Owner rights to republish User owned or generated content, conditional on the proper crediting of the Content to the User.

4) General.
i) This agreement represents a binding legal relationship between the Site Owner and the User.
ii) This agreement is the only record of an agreement between the Site Owner and User and no other representations will be binding unless a written agreement signed by the User and an authorised representative of Site Owner exists to alter these Terms Of Use.
iii) Each condition is a separate agreement and is both jointly and severally enforceable regardless of whether a term or terms are determined to be unenforceable or deemed not binding.
iv) No conduct, latitude or indulgence of the Site Owner will alter the obligations of the Terms Of Use.
v) The Site Owner is entitled to update and publish changes to this version of Terms of Use at own discretion from time to time.
vi) The Terms of Use agreement will be governed by the laws of the Republic of South Africa. Matters will be heard in the Johannesburg Gauteng jurisdiction.
vii) Disputes related to Terms of Use will be resolved as expediently and efficiently as possible by arbitration per the provisions of the current Arbitration Act in Johannesburg South Africa. A competent Arbitrator will be appointed by mutual agreement or by the Gauteng Law Society. The ruling of an arbitrator, including the arbitrators rulings related to merits and costs, will be binding on the Parties and may be made an order of Court of competent jurisdiction.
viii) The Law of construction will not predjudice the author of this agreement.

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